73Evidence in proceedings before Administrative Appeals Tribunal

73  Evidence in proceedings before Administrative Appeals Tribunal

 (a) a claimant who has instituted proceedings under this Part seeks to adduce any matter in evidence before the Administrative Appeals Tribunal in those proceedings; and

 (b) the claimant had not disclosed that matter to the Tribunal at least 28 days before the day fixed for the hearing of those proceedings;

that matter is not admissible in evidence in those proceedings without the leave of the Tribunal.

 (2) If:

 (a) Comcare has determined a claim and, before doing so, gave the claimant a notice under section 64 requesting the claimant to give Comcare information, or a copy of a document, specified in the notice; and

 (b) the claimant failed to comply with the notice; and

 (c) the claimant had the information or the document, or could have obtained the information or a copy of the document without unreasonable expense or inconvenience before the determination was made;

the information, document or copy is not, without leave of the Administrative Appeals Tribunal, admissible in proceedings instituted under this Part in relation to the determination.

 (3) The Administrative Appeals Tribunal must not give leave under subsection (2) unless:

 (a) the claimant provides a statement of reasons why he or she failed to comply with the notice under section 64; and

 (b) the Tribunal is satisfied that there are special circumstances justifying the admission of the information, document or copy in evidence.